Bill Text: NY S04844 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to requiring the timely sale of vacant real property owned by the state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-23 - PRINT NUMBER 4844A [S04844 Detail]
Download: New_York-2017-S04844-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4844--A 2017-2018 Regular Sessions IN SENATE March 3, 2017 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- recommitted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public lands law, in relation to sale of vacant real property owned by the state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 2 of the public lands law, as 2 separately amended by chapters 405 and 957 of the laws of 1981, is 3 amended to read as follows: 4 2. State-owned real property inventory. The commissioner of general 5 services shall establish, maintain and have the custody of an inventory 6 of all state-owned real property, as an aid in the utilization and 7 management of the land resources of the state. The inventory shall 8 include any state-owned real property under the jurisdiction, custody or 9 management of any state agency, whether acquired by appropriation, 10 purchase, gift or otherwise. In order to provide an accurate and current 11 inventory for use by the commissioner of general services, state agen- 12 cies and the legislature, the commissioner may by rule or regulation 13 prescribe the elements, extent and format of the information to be 14 included and the procedures for collection, presentation and verifica- 15 tion of the information to be contained in the inventory. The commis- 16 sioner shall label all unused and unappropriated state lands as vacant. 17 Such vacant land shall include unappropriated state lands as described 18 in section thirty of this chapter and any other unused land owned by the 19 state. The commissioner shall make a report which lists all state owned 20 land that has been labeled vacant and furnish such report to the legis- 21 lature by March thirty-first, two thousand nineteen and each year there- 22 after. The commissioner shall by rule or regulation, and upon the advice 23 of the comptroller, prescribe the elements, extent and format of the 24 information to be included and the procedures for collection, presenta- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10221-04-8S. 4844--A 2 1 tion, and verification of such information necessary to establish and 2 maintain a set of general fixed asset accounts that comply with general- 3 ly accepted accounting principles. Each state agency shall deliver to 4 the commissioner of general services such information at the times and 5 in the manner as determined by him or her to be necessary for the estab- 6 lishment and maintenance of the inventory and shall permit the commis- 7 sioner and his or her agents to make such physical and records 8 inspections as deemed necessary by the commissioner for the purposes of 9 the inventory program. 10 § 2. Subdivision 1 of section 33 of the public lands law, as amended 11 by chapter 360 of the laws of 1983, is amended and a new subdivision 6 12 is added to read as follows: 13 1. The commissioner of general services [may, from time to time,] 14 shall sell unappropriated state lands at public auction or by sealed 15 bids in such parcels as he deems for the best interests of the state. 16 Previous to every sale, he or she shall fix the lowest sum at which each 17 lot may be sold, and shall designate at least one newspaper in the coun- 18 ty where the lands to be sold are situated, in which the commissioner 19 shall cause notice of the time, place and description of sale to be 20 published, at least once a week for four weeks, successively, before the 21 sale. Such notice need not be published in any other paper or papers, 22 and any statute requiring additional publication of notices or adver- 23 tisements by state officers or a department, board, bureau or commission 24 of the state shall not apply to such notice. The commissioner may desig- 25 nate a representative of his or her office to conduct such sale. All 26 such sales shall be held at the county seat of the county where the 27 property is situated, unless otherwise directed by the commissioner. 28 Upon such sales of unappropriated state land to a purchaser procured 29 by any licensed real estate broker and the payment of the purchase price 30 in the amount offered by such broker in behalf of the purchaser, the 31 commissioner of general services is authorized to pay, subject to such 32 terms and conditions as the commissioner may prescribe, a commission to 33 such broker out of monies available therefor. Uniform rates of commis- 34 sion shall[, from time to time,] be fixed by the commissioner but shall 35 not exceed six percentum of the purchase price. No commission shall be 36 paid for the procuring of any sale unless (1) written authority of the 37 broker to make such offer on a form acceptable to the commissioner, 38 signed by the person for whom he or she is acting, shall be filed with 39 the commissioner before the day of the sale and unless (2) the broker 40 shall furnish to the commissioner evidence in such form and extent as he 41 or she may require establishing that the purchaser was procured as the 42 result of the broker's services. In no event shall a broker who is paid 43 a commission by the commissioner as herein provided accept any other 44 commission or fee from any person or source for brokerage services 45 relating to the sale of such unappropriated state land. 46 6. The commissioner shall ensure the timely sale of all state lands 47 which have been labeled vacant as notated under section two of this 48 chapter. Such sales shall strive to raise revenue in the amount of fifty 49 million dollars for the fiscal year in which this subdivision takes 50 effect and one hundred million dollars for each subsequent fiscal year. 51 A percentage of such sales shall be appropriated to the county where 52 such sold land is situated and shall be used for economic development 53 initiatives within such county. 54 § 3. This act shall take effect immediately.
